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2018 SESSION
18100094DBe it enacted by the General Assembly of Virginia:
1. That § 29.1-509 of the Code of Virginia is amended and reenacted as follows:
§ 29.1-509. Duty of care and liability for damages of landowners to hunters, fishermen, sightseers, etc.
A. For the purpose of this section:
"Fee" means any payment or payments of money to a
landowner for use of the premises or in order to engage in any activity
described in subsections subsection B and or C, but does not include
license fees, insurance fees, handling fees, transaction fees, administrative
fees, rentals or similar fees received by a landowner from governmental,
not-for-profit, or private sources, or
payments received by a landowner for rights of ingress and egress or from
incidental sales of forest products to an individual for his personal use, or
any action taken by another to improve the land or access to the land for the
purposes set forth in subsections B and subsection B or C or remedying
damage caused by such uses.
"Land" or "premises" means real property
or right-of-way, whether rural or urban, waters, boats, private ways, natural
growth, trees, railroad property, railroad right-of-way, utility corridor, and
any building or structure which that might be located on such
real property, waters, boats, private ways,
and natural growth.
"Landowner" means the legal title holder, any easement holder, lessee, or occupant, or any other person in control of land or premises, including railroad rights-of-way.
"Low-head dam" means a dam that is built across a
river or stream for the purpose of impounding water where the impoundment, at
normal flow levels, is completely within the banks,
and all flow passes directly over the entire dam structure within the banks,
excluding abutments, to a natural channel downstream.
B. A landowner shall owe no duty of care to keep land or
premises safe for entry or use by others for hunting, fishing, trapping,
camping, participation in water sports, boating, hiking, rock climbing,
sightseeing, hang gliding, skydiving, horseback riding, foxhunting, racing,
bicycle riding,
or collecting, gathering, cutting, or
removing firewood,; for any other recreational
use,;
for any educational activity; for ingress and egress over
such premises to permit passage to other property used for recreational
purposes; or for use of an easement
granted to the Commonwealth or any agency thereof or any not-for-profit
organization granted tax-exempt status under § 501(c)(3) of the Internal
Revenue Code to permit public passage across such land for access to a public
park, historic site, or other public recreational area. No landowner shall be
required to give any warning of hazardous conditions or uses of, structures on,
or activities on such land or premises to any person entering on the land or
premises for such purposes, except as provided in subsection D. The provisions
of this subsection apply without regard to
whether or not the landowner has given
permission to a person to use their his land for recreational
purposes or to a person to
use his land for the purpose of an educational
activity.
C. Any landowner who gives permission, express or implied, to
another person to hunt, fish, launch and retrieve boats, swim, ride, foxhunt,
trap, camp, hike, bicycle, rock climb, hang glide, skydive, sightsee, or engage in races,;
to collect, gather, cut,
or remove forest products upon land or premises for the personal use of such
person, or for the use of; to engage in any educational activity; or to use
an easement or license as set forth in subsection B does not thereby:
1. Impliedly or expressly represent that the premises are safe
for such purposes; or
2. Constitute the person to whom such permission has been granted an invitee or licensee to whom a duty of care is owed; or
3. Assume responsibility for or incur liability for any intentional or negligent acts of such person or any other person, except as provided in subsection D.
D. Nothing contained in this section, except as provided in
subsection E, shall limit the liability of a landowner
which that
may otherwise arise or exist by reason of his gross negligence or willful or
malicious failure to guard or warn against a dangerous condition, use,
structure, or activity. The provisions of this section shall not limit the
liability of a landowner which that may otherwise arise or
exist when the landowner receives a fee for use of to use the premises or to
engage in any activity described in subsections subsection B and or C. Nothing contained in
this section shall relieve any sponsor or operator of any sporting event or
competition,
including but not limited to a race or
triathlon, of the duty to exercise
ordinary care in such events. Nothing contained in this section shall limit the
liability of an owner of a low-head dam who fails to implement safety measures
described in subsection F.
E. For purposes of this section, whenever any landowner has entered enters into an agreement with,
or grants an easement or license to, the Commonwealth or any agency thereof,
any locality, any not-for-profit organization granted tax-exempt status under §
501(c)(3) of the Internal Revenue Code, or any local or regional authority
created by law for public park, historic site, or recreational purposes,
concerning the use of, or access over, his land by the public for any of the
purposes enumerated in subsections subsection B and or C, such landowner shall be
immune from liability to any member of the public arising out of such member's
use of such land for any such purpose, and the government, agency, locality, not-for-profit
organization, or authority with which the agreement is made shall indemnify and
hold the landowner harmless from all liability and be responsible for
providing, or for paying the cost of, all reasonable legal services required by
any person entitled to the benefit of this section as the result of a claim or
suit attempting to impose liability. Any action against the Commonwealth, or any agency thereof, shall be subject to the
provisions of the Virginia Tort Claims Act (§ 8.01-195.1 et seq.). Any provisions
provision in a lease or other agreement
which that
purports to waive the benefits of this section shall be invalid, and any action
against any county, city, town, locality or local or regional
authority shall be subject to the provisions of § 15.2-1809, where applicable.
F. Any owner of a low-head dam may mark the areas above and below the dam and on the banks immediately adjacent to the dam with signs and buoys of a design and content, in accordance with the regulations of the Board, to warn the swimming, fishing, and boating public of the hazards posed by the dam. Any owner of a low-head dam who marks a low-head dam in accordance with this subsection shall be deemed to have met the duty of care for warning the public of the hazards posed by the dam. Any owner of a low-head dam who fails to mark a low-head dam in accordance with this subsection shall be presumed not to have met the duty of care for warning the public of the hazards posed by the dam.